Complainant Ashwani Singh claimed Rs. 13,700/- with interest of 12% per annum since 08.08.2016 and compensation of Rs. 5000/- and litigation cost of Rs. 5000/-.

2                      The case of the complainant is that he purchased a Samsung J5 model mobile on 28.09.2015 from O.P. No.1 M/s Goel Agency, at Angul (Orissa) for Rs. 13700/- vide invoice No. 2673. On the same day the mobile was insured with O.P. No.2 the Apps Daily Solution Pvt. Ltd. on the request of O.P. No.1.

            On 08.08.2016 the complainant fall down on the road due to sudden use of break and the complainant sitting behind, fall down inside of the road filled with water which cause damage to the mobile set. Complainant went to the authorized service centre, at City Centre, Bokaro and handed over the mobile set for repair. The service centre issued estimated cost of Rs. 4270/- for repair charge. On 11.08.2016 the complainant claimed the insurance from the O.P. No.2 but the mobile was not repaired due to non cooperative attitude of O.P. No.2. Lastly complainant made contact with the service centre which said since the insurance co. has failed to pay the repairing cost so the mobile could not be repaired.

            Complainant sent a legal notice on 24.11.2016 but the O.P. has not replied. Therefore it is deficiency in service.

3          The following Anxs have been filed by the complainant-

Anx-1 Copy of letter dt. 18.10.2016 sent to the O.P. No.2 for delay in repair of the mobile.

Anx-2 Copy of the retail invoice of the purchase of cell phone.

Anx-3 Copy of the job sheet dt. 11.08.2016.

Anx-4 , 4/1 and 4/2 copy of the form 1C , 2C and 3C.

Anx-5 Copy of the approval of service centre bill of Rs. 4270/-.

Anx-6 Copy of the legal notice dt. 24.11.2016.

4          Since O.P. No1 and 2 both not appeared in spite of receipt of the notice issued from the Forum, therefore, Ex-parte proceeding has been initiated against the O.Ps.

F I N D I N G S

5          We perused the record and hold, complainant is a consumer and dispute is a consumer dispute, since the premium was paid to the O.P. No.2 for insurance coverage of the mobile set.

6          Anx-3 and 4 series and Anx-5  clearly show that the claim of the complainant is genuine and Anx-5 shows the bill amount of Rs. 4270/- was approved by the O.P. No.2 and due to nonpayment of the amount, the insurance cover of the mobile was not fulfill and the mobile could not be repaired by the service centre which caused harassment to the complainant unnecessarily and this is deficiency in service by the O.P. No.2 who is tied up with insurance co. and it is the duty of the O.P. No.2 M/s Apps Daily Solution Pvt. Ltd. to direct the insurance co. for the payment of the estimated bill of the authorized service centre of the Samsung Co. and therefore O.P. No.2 is liable to pay Rs. 4270/- the amount estimated cost  for the repair charge.

            The complainant has claimed Rs. 13700/- from the insurer O.P. No.2 but actually the insurer is liable to pay Rs. 4270/- the amount which was estimated by the service centre for repair of the mobile.

7          Thus, we hereby allow the part claim of the complainant and O.P. No.2 the Apps Daily Solution Pvt. Ltd. is hereby directed to pay Rs. 4270/- to the complainant for repair charge and compensation of Rs. 2000/- for mental and physical harassment and Rs. 1000/- as litigation cost. O.P. No2 Apps Daily Solution is further directed to hand over the mobile of the complainant after repair which was received in service centre at Bokaro on 11.08.2016.

            All the payment must be paid within 60 days from this order, failing which 10% interest will be levied on the claim amount till realization.

            Let a copy of this order be sent to O.P. No.2 at the cost of the complainant for information to the O.P. No.2 at the address given in the complaint.